Terms & Conditions
SMALDON SIGNS & VEHICLE GRAPHICS LIMITED TERMS AND CONDITIONS OF SALE
1. “The Company” shall mean SMALDON SIGNS & VEHICLE GRAPHICS LIMITED
“The Customer” shall mean the person, business or entity buying the goods.
“The Contract Price” shall mean the cost to the Customer of the goods sold under the terms thereof.
2. These conditions shall govern all Contracts of sale between the Company and the Customer and no representative of the Company may agree any terms or make any representations inconsistent with any of these terms or enter into any Contract except on the basis of them unless a variation or exclusion has been expressly agreed in writing by the Company and no terms contained in the Customer’s order form or any other documentation which are inconsistent herewith shall have any effect. No Contract shall arise between the Company and the Customer until the Company shall have either been provided a purchase order number, been paid 50% of the estimate cost or in full by the Customer, or if credit terms have been agreed the Company shall have despatched the acceptance of order via proforma invoice.
3. Unless otherwise stated by the Company, orders are only accepted on the following terms and conditions. Where these terms and conditions are contrary to any stipulations of the Customer’s terms and conditions the following are deemed to have been accepted by the Customer and take precedence.
4. Quotations/estimates indicate the price at which the Company would be willing to supply goods subject to variation set out below. They are not offers to supply goods and any order placed on the basis of a quotation must be accepted by the Company for a Contract to arise. Any price contained within a quotation made by the Company shall be held for a period of twenty-eight days whereupon the company reserves the right to revise the Contract price as it considers necessary. Delivery and fitting costs are not included unless stated. Total price is subject to a final site survey unless stated otherwise.
Unless included in writing within the initial estimate, we have not allowed for cleaning or removal of debris and previous graphics. Any additional excessive cleaning will be charged for by the hour +VAT.
Any vehicle wrapping work carried out outside of our premises cannot be guaranteed if the conditions are not as per our workshop; i.e. sealed, clean and temperature-controlled to approximately 20-22 degrees.
Any electrical work required is not included in the estimate costs unless otherwise stated. Any electrical work required will be carried out by a qualified electrician.
5. All prices quoted are ex Company works and subject to an additional charge for packing and delivery. Prices are subject to the addition of Value Added Tax at the rate ruling at date of invoice – export sales excepted.
6. The Company shall not be bound by any price which is not in writing on official Company stationary.
7. Where the Company have to import material to fulfil the order, the Company reserves the right to vary the price quoted to reflect any difference between the rate of exchange for purchase of the relevant currency quoted by HSBC Bank PLC on the date of acceptance and on the date the Company are invoiced for the relevant materials by our supplier.
8. Unless credit terms have been agreed, payment is to be made in part or full at the time of placing the order. Settlement of monthly accounts is to be made within the terms as stated on the invoice. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation, namely The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002, if we are not paid according to agreed credit terms.
9. Payments of accounts should be made to the Company office and works, Smaldon Signs & Vehicle Graphics Limited, Unit 2, Lincoln Way, Salthill Industrial Estate, Clitheroe, Lancashire, BB7 1QD, England.
10. The Company at its option, will be entitled to notice to terminate all or any of its contract with the Customer forthwith and recover all expenses, loss, and damage resulting to the Company including (but without limitation to) loss of profit or other consequential loss if:
(a) the Customer has a bankruptcy petition presented against him or a bankruptcy order is made:
(b) the Customer makes or seeks to make any composition or arrangement with his creditor,
(c) the Customer makes a proposal to his creditors for a voluntary arrangement or applies for an interim order (within the means of Section 286 Insolvency Act 1986);
(d) an encumbrancer takes possession of any of the Customer’s assets, or any of the Customer’s property is taken in execution or process of law:
(e) a petition is presented or an order is made or a resolution is passed for the winding up of the Customer:
(f) a petition is presented or an order is made for an administration order to be made in relation to the buyer;
(g) the Customer’s directors make a proposal for a voluntary arrangement with the Customer’s creditors;
(h) the Customer is unable to pay his debts (within the meaning of Section 123 Insolvency Act 1986);
(i) a receiver or administrative receiver is appointed over any of the Customer’s assets:
(j) the Customer fails to make any payment owed to the Company on the due date;
(k) the Customer fails to take delivery of or to collect the goods within fourteen days of being notified by the Company or our carrier that they are to be delivered or are ready to be collected;
(l) The Customer is in breach of the terms and conditions of any contract with the Company (including breach of these conditions) and shall fail to remedy same within twenty-eight days of notice specifying the breach and requiring remedy (if the breach shall be remediable).
11. The Company shall not be responsible for loss arising from delay or failure to deliver arising from an Act of God, war, civil disturbance, riot, industrial action or dispute, natural calamity, non-availability of materials, breakdown of plant or machinery, controls, restrictions or prohibitions of Government or any other competent Authority, fire, flood, sabotage, or other cause beyond the control affecting the Company or any supplier or carrier for the Company.
12. Delivery dates are given in good faith only and whilst the Company will make every effort to ensure that goods are delivered by such date as in acceptance of order form, the Company cannot be held liable to the Customer for any consequences whether direct or indirect of failing to deliver the goods by that date or at all.
13. We offer the best possible lead times on production and delivery of your item(s). Due to supplier delivery and demand, lead times may differ pending on the product(s) purchased. This lead time will be discussed with the Customer during consultation and/or on receipt of Order Confirmation.
14. The Company cannot be held liable to the Customer for any delay in timed deliveries. If goods are delayed for any reason whatsoever, the delivery charge will be taken down to the next level of service after delivery has been completed. The Customer cannot refuse delivery of goods because of delay and shall be liable for all goods despatched.
15. In the absence of any Agreement to the contrary delivery shall be deemed to have taken effected upon the delivery of the goods at the Customer’s premises or as the Customer shall have previously and in writing directed.
16. In the case of delivery of goods by instalments, the Customer will not be entitled to treat the delivery of faulty goods in any one instalment (or the late delivery of any one instalment) as a repudiation of the whole contract.
17. Failure to make payment in respect of deliveries or instalments under this or any other Contract between the Company and the Customer shall entitle the Company to delay, suspend or cancel deliveries in whole or in part at the Company’s option.
18. (a) The Customer shall inspect the goods upon delivery before signing for delivery of goods. The Company must be informed in writing the same day of the delivery by the Company, in the event of any deficiency or damage being discovered at time of delivery and inspection. If the Customer or any persons signing on behalf of Customer fails to write ‘DAMAGED’ on the delivery note, the company will not be held responsible in the event of any deficiency or damage being subsequently discovered.
(b) Any claim that goods do not correspond with the Customer’s order form shall be made within two days of the date of the delivery.
(c) The Company will, if the goods are damaged in transit or the goods do not correspond with the Customer’s order form, at the Company’s option repair or replace the damaged goods free of charge or refund the cost of the damaged goods, provided that written notification of damage is received by the Company on the same day the goods are received by the Customer. If any claim is not received by the Company within this timeframe, the invoice shall be payable in full.
(d) The aforesaid obligations on the part of the company shall not extend to defects caused by wilful damage, negligence, incorrect erection, storage, application or movement or defects caused by fair wear and tear, and the goods are returned to the Company at the Customer’s expense for examination of the relevant goods.
(The provisions of this clause do not affect the statutory rights of a consumer.)
(e) Save as herein set out and for liability for death or personal injury resulting from negligence, all express or implied conditions representations or warranties as to quality or fitness of the goods or otherwise are expressly excluded.
(This sub-clause shall not apply and shall be wholly ineffective in the case of a sale to a consumer in connection with the carrying out of a consumer transaction.)
19. If for any reason, Customer decides that they wish to return any or all of the goods, the Company retains the right to refuse to accept return of said goods. If the Company accepts return of goods, Customer must return the goods to the Company office at their own cost. Goods must be in their original packaging and unused. Company accepts no responsibility for any damage to goods whilst in transit. Company retains the right to refuse the return of goods if damaged or incomplete. Company retains the right to refuse to accept return of any goods without giving a reason.
20. The Company retains copyright of its designs and accepts no responsibility for any infringement of patent or copyright or registered design of any third party incurred in carrying out Customer’s directions.
21. It is the Customer’s responsibility to ensure that the use to which any goods supplied by the Company is put, complies with requirements of Local Planning Authorities and other interested departments and the responsibility for obtaining any planning permission and permits is entirely that of the Customer. All charges levied by authorities before, during and/or after erection of any goods supplied by the Company are to be borne by the Customer and that in the event of there being any infringement thereof the Customer will not be entitled to any breach of contract of sales.
22. It is the Customer’s responsibility to ensure that no thoroughfare throughway or services are likely to be obstructed and any damage caused thereto is the responsibility of the Customer. It is also the responsibility of the Customer to ensure that any structure that is to bear any goods supplied by the Company is of adequate strength and in good enough condition to bear the extra weight or loads thereon involved.
23. All sizes quoted are approximate.
24. This contract is governed by English Law. Any dispute arising out of or in connection with this contract shall be determined by the English Courts.
25. In the event of any part of these conditions being ineffective for any reason, the remainder thereof shall constitute the conditions binding upon the parties.